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A BILL TO BE ENTITLED
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AN ACT
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relating to child support obligations of certain nonbiological |
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fathers and rights of inheritance of those fathers and their |
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nonbiological children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 154, Family Code, is |
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amended by adding Section 154.134 to read as follows: |
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Sec. 154.134. LIMITATION ON CHILD SUPPORT OBLIGATION OF |
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CERTAIN NONBIOLOGICAL FATHERS. (a) Notwithstanding any other |
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provision of this chapter or other law, a court may not order a man |
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to pay child support for a child in an amount greater than $100 per |
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month if the court finds that: |
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(1) the man is not the biological father of the child |
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based on the results of genetic testing under Section 160.505; and |
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(2) the mother of the child knew the man was not the |
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biological father of the child, and the man did not know the man was |
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not the biological father of the child, at the time the mother: |
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(A) signed an acknowledgement of paternity with |
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the intent to establish the man's paternity of the child; or |
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(B) initiated a proceeding to adjudicate the |
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man's paternity of the child under Subchapter G, Chapter 160. |
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(b) Subsection (a) does not apply to a man described by that |
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subsection who voluntarily agrees to pay child support for the |
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child in an amount that exceeds the limitation imposed by that |
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subsection. |
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SECTION 2. Chapter II, Texas Probate Code, is amended by |
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adding Section 40A to read as follows: |
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Sec. 40A. INHERITANCE BY AND FROM CERTAIN CHILDREN. (a) |
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Notwithstanding any other law and except as provided by Subsection |
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(c) of this section, for purposes of inheritance under the laws of |
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descent and distribution, a child may not inherit from or through a |
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man, and a man may not inherit from or through a child, if a court |
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finds that: |
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(1) the man is not the biological father of the child |
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based on the results of genetic testing under Section 160.505, |
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Family Code; and |
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(2) the mother of the child knew the man was not the |
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biological father of the child, and the man did not know the man was |
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not the biological father of the child, at the time the mother: |
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(A) signed an acknowledgement of paternity with |
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the intent to establish the man's paternity of the child; or |
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(B) initiated a proceeding to adjudicate the |
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man's paternity of the child under Subchapter G, Chapter 160, |
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Family Code. |
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(b) This section does not prohibit a person from disposing |
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of the person's property by will according to other law. |
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(c) Subsection (a) of this section does not affect the |
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rights of inheritance of, from, or through an adopted child or an |
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adoptive father under another provision of this code. |
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SECTION 3. Section 154.134, Family Code, as added by this |
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Act, applies only to an order establishing or modifying an |
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obligation to pay child support rendered on or after the effective |
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date of this Act. An order rendered before the effective date of |
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this Act is governed by the law in effect on the date the order was |
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rendered, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. Section 40A, Texas Probate Code, as added by this |
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Act, applies only to the estate of a person who dies on or after the |
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effective date of this Act. An estate of a person who dies before |
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the effective date of this Act is covered by the law in effect on the |
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date of the person's death, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |